So many questions I don't even know where to begin...

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So many questions I don't even know where to begin...
« on: June 16, 2012, 05:46:04 PM »
I have ended my first contract as of last week and am now in the process of looking for new employment, hopefully to start by July. My current visa/resident permit expires this September. For better or worse, I received my TESOL training (and current resident permit) through Will Excel. When I wrote to them for advice, which at times can feel like pulling teeth, I was told by the owner that I need to cancel my current FEC so that any new school can apply for another one when the time came. I have paid for and received that "service." Is there truly a valid reason for having done this? Will it cause any possibly complications?

With that out of the way, my next issue is with regards to extending my residence permit. In talking to some schools, many do not offer a work visa, or at least not to me. I am curious, how do those schools plan to employ teachers if they can't or won't provide a working visa? Do they expect you to work illegally? Are there issues I should be made aware of when renewing my RP? How long before it expires should I look to be renewing? If I were to pay to renew it on my own, what I could I expect to pay? I have heard varying numbers. It briefly dawned on my yesterday that I could merely pay Will Excel for another class, get a working visa out of it, and then go to work wherever I pleased. But then I added up the costs (the cost of the class + the missed month of work) is greater than the cost of just paying for it out of pocket.

It feels like I missing some critical knowledge that could possibly help me on this front, but I'm too ignorant to even ask the right questions. I do know that one of my chief problems is that I do not have a college degree, and thus many options are closed to me. I am still confident enough in my ability to find a job, just not where I want or need it. Truthfully, I am still kind of amazed that I managed to work where I did for the last year.

Another question I was curious about was spousal visas. I am married to a Chinese citizen. When do I qualify for one? How do I get one? Does having one allow me to work? Any information that you could point me to would be greatly appreciated.

Lastly, any pointer or tips for job hunting in Beijing without a degree? I have one offer right now, and I am expecting to meet with the school in a few days. Are there any known schools in Beijing I should consider investigating given my circumstances (no degree and need a work visa)? I will tell you the reason for focusing on Beijing is because I am in the process of trying to convert to Judaism. The only synagogue in China that I am aware of for my chosen branch is in Beijing.

I am a complete noob when it comes to these issues. I hope some here can at least point me in the right direction.

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Pashley

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Re: So many questions I don't even know where to begin...
« Reply #1 on: June 16, 2012, 06:56:26 PM »
... my next issue is with regards to extending my residence permit. In talking to some schools, many do not offer a work visa, or at least not to me. I am curious, how do those schools plan to employ teachers if they can't or won't provide a working visa? Do they expect you to work illegally?

Some do. They are very definitely to be avoided. There is some overview discussion at http://wikitravel.org/en/China#Work_visas

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Are there issues I should be made aware of when renewing my RP? How long before it expires should I look to be renewing? If I were to pay to renew it on my own, what I could I expect to pay?

At least as a general rule, that is impossible. You need an employer to sponsor you and the employer must have a license to do that.

Who put a stop payment on my reality check?

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Raoul F. Duke

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Re: So many questions I don't even know where to begin...
« Reply #2 on: June 16, 2012, 07:24:49 PM »
It makes it a lot easier for us to give you good answers if you break all your questions into individual threads... bjbjbjbjbj

You really should read our Visas/Permits monster at http://raoulschinasaloon.com/index.php?topic=6736.0  It'll help answer a lot of your questions!

Another question I was curious about was spousal visas. I am married to a Chinese citizen. When do I qualify for one? How do I get one? Does having one allow me to work?

You're eligible for a Spouse Visa once married. Your spouse should initiate the process by taking you to your local PSB visa office and applying for it. However, the Spouse Visa is a form of L (Tourist) Visa and DOES NOT convey the right to work in China. In order to work legally, you'd still need a Chinese company to get you a Work Permit...and at 99.9% of schools, that requires a college degree.

... my next issue is with regards to extending my residence permit. In talking to some schools, many do not offer a work visa, or at least not to me. I am curious, how do those schools plan to employ teachers if they can't or won't provide a working visa? Do they expect you to work illegally?

Some do. They are very definitely to be avoided. There is some overview discussion at http://wikitravel.org/en/China#Work_visas

Actually, there's lots of discussion of this right here on The Saloon, too.
"Work illegally" is EXACTLY what these schools expect you to do. They're perfectly happy to risk your ass for their profit...and that's what the score here really is.
The rules state that a company has to be in business at least a year before they can qualify for a license to employ foreigners. Other places just don't want to mess with the hassle and expense of getting such a license. At the same time, these schools know they can't attract paying customers if they don't have foreign teachers, so they (wrongly) convince those who don't know any better that it's OK to work on a Tourist or Business Visa...and make them illegal foreign labor in China. And that's something you just don't want to be.

As for getting a Residence Permit on your own, Pashley's absolutely right: It can't be done. It's not a question of who pays for it. In order to get a Residence Permit, you first need to get a Work Permit...and that entails a sponsoring company and a college degree.

It used to be really easy to teach legally in China without a degree. Those days are pretty much gone, probably forever. You don't want to be put in the position of working in China without the proper legal documents...the ramifications of getting caught can be pretty horrible, and the probability of getting caught is getting higher all the time.
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Re: So many questions I don't even know where to begin...
« Reply #3 on: June 16, 2012, 07:56:11 PM »
Thanks for the answers thus far, but maybe I am not understanding something or I merely phrased it wrong. With regards to these companies who won't provide a visa, is it not that they can't but rather they won't due to the expense? If they could so long as I paid for it, why wouldn't they? In any case, it is not my objective to go that route at all.

Is it permissible to procure the visa going the same route as I did last year, taking the TESOL course over again to get the RP extended? Again, not my objective because I like to keep things easy, but I also like to have situational awareness on certain aspects as well.

Thank you for the spousal visa information. That will be something to look at once I am making money independently (could be a year or two down the road).

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Raoul F. Duke

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Re: So many questions I don't even know where to begin...
« Reply #4 on: June 16, 2012, 08:54:20 PM »
With regards to these companies who won't provide a visa, is it not that they can't but rather they won't due to the expense?

There are no doubt examples of both out there, but in most cases it's because they can't. Again, it's not just a question of getting your Permit; the school first has to get a government license to legally hire foreigners...and schools that don't provide legal papers don't have that license. In some cases it's because they don't want to spend the time and money to get such a license when there are plenty of gullible foreigners out there who will happily work without the Permits, but in most cases it's because they can't get the license.

If your school was able to get you the Permits before but isn't doing so now, it might be that the rules in your province have changed to meet the new standards and the school simply can't get you the Permit any more. Or, they may have had an "arrangement" with a corrupt provincial official to suspend the rules for issuing permits, and that "arrangement" has come to an end.

Is it permissible to procure the visa going the same route as I did last year, taking the TESOL course over again to get the RP extended?

Probably not. A TESOL certificate won't substitute for a college degree.
"Vicodin and dumplings...it's a great combination!" (Anthony Bourdain, in Harbin)

"Here in China we aren't just teaching...
we're building the corrupt, incompetent, baijiu-swilling buttheads of tomorrow!" (Raoul F. Duke)

Re: So many questions I don't even know where to begin...
« Reply #5 on: June 16, 2012, 09:24:40 PM »
My sole advice here would be that since you don't have a degree and are planning on working potentially as an illegal FT, you probably do not want to live in Beijing, next door to Chairman Palpatine and his Stormtroopers...you can work illegally in China, with no degree....it is, obviously, illegal and frowned upon and best done as far away from the HQ of the governtment as possible. Though I would recommend doing the right thing and getting a degree.
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Re: So many questions I don't even know where to begin...
« Reply #6 on: June 17, 2012, 03:59:40 AM »
If you're in Beijing and you're noticing a lot of illegal workers/schools, that's because of the high number of students here. Lots of students moonlight as teachers. It isn't legal at all, but students are a relatively cheap source of labor and, best of all, they come with their own visas so schools don't have to worry about paperwork (although they do have to worry about random PSB spot checks).

Nowadays most cities offer residence permits to people married to a Chinese person, so the L visa days are mostly over, but the bad news is that the residence permit still doesn't allow you work.

Re: So many questions I don't even know where to begin...
« Reply #7 on: June 17, 2012, 04:39:18 PM »
Is there any difference between extending a visa and "providing a work visa?" One woman I am talking to said the school cannot provide a working visa. I said I already have the visa, I just need it extended. She then tells me something like "that is much easier."

Can you also answer me on the cancellation of FEC aspect of all this? Is that standard operating procedure to cancel it so the new school can apply for another one?

Just to clarify, if a school cannot provide a "working visa," it more than likely means they do not have the capacity to legally employ me because they lack a license?

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Borkya

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Re: So many questions I don't even know where to begin...
« Reply #8 on: June 17, 2012, 06:29:30 PM »
Is there any difference between extending a visa and "providing a work visa?" One woman I am talking to said the school cannot provide a working visa. I said I already have the visa, I just need it extended. She then tells me something like "that is much easier."

Your doing the old confusing the visa and permit thing again.

Your visa has long since expired. You only need the visa to get into the country and once you get the residence permit, your visa is cancelled. So you DON'T need a new visa. You need a new residence permit.

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Raoul F. Duke

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Re: So many questions I don't even know where to begin...
« Reply #9 on: June 17, 2012, 07:03:55 PM »
Dude, again, please read our Visas/Permits guide at http://raoulschinasaloon.com/index.php?topic=6736.0. It would clarify an awful lot for you...

"Extending a visa" and "providing a visa" are the same thing.

I'm a little confused now...have you changed employers, or are you trying to extend with a current employer? If your Residence Permit was provided by a previous employer, that will change the situation...

A visa, regardless of type, does not make it legal for you to live in China and work for a Chinese company. What you need are a Work Permit and a Residence Permit. A Work (Z) Visa just gets you into the country and gives you 30 days for your school to get the Permits for you. Hopefully, you have a Residence Permit (NOT just a Z Visa) in your passport!

If you already have a Residence Permit, your school might be able to renew or extend it. However, it's very possible that your employer will not be able to extend your Permits if you don't have a degree...it depends on the provincial authorities and your employer's connections. This is something you urgently need to clarify with your school.

If your school can't get you the Work Permit and Residence Permit, it may be that they lack the license needed to legally employ foreigners. It might also be the case that they can't provide the Permits for you specifically, because you don't have a degree.
Do other foreign teachers at your school have Residence Permits issued by that school? If so, it's probably your lack of degree that's the problem. If nobody there has legal Permits from that school, and the school is simply unable to provide them for anyone, then your school is an illegal shop and you really don't want to work there.

For the FEC...yes, your school will need to cancel an FEC from another school before they can get you a new one. However, if your school can get you an FEC, they should also be able to get you proper Work and Residence Permits. Something is starting to smell pretty fishy here...
"Vicodin and dumplings...it's a great combination!" (Anthony Bourdain, in Harbin)

"Here in China we aren't just teaching...
we're building the corrupt, incompetent, baijiu-swilling buttheads of tomorrow!" (Raoul F. Duke)

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Re: So many questions I don't even know where to begin...
« Reply #10 on: June 17, 2012, 07:27:48 PM »
If you can afford it, take some time off, stay inside legally on a spouse visa, and find an adequate online degree program.  Grab that diploma and then you can try to get a nice legal job somewhere that provides a proper residence permit.
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Re: So many questions I don't even know where to begin...
« Reply #11 on: June 17, 2012, 08:32:33 PM »
I fully understand that my visa has expired, but for the sake of the discussion I am referring to my residence permit is as the visa.

So you replied, but did not provide me an answer. I need my residence permit renewed. I would like to know how I can do that. Who can you point me to that can solve my problem?

Is there any difference between extending a visa and "providing a work visa?" One woman I am talking to said the school cannot provide a working visa. I said I already have the visa, I just need it extended. She then tells me something like "that is much easier."

Your doing the old confusing the visa and permit thing again.

Your visa has long since expired. You only need the visa to get into the country and once you get the residence permit, your visa is cancelled. So you DON'T need a new visa. You need a new residence permit.

Re: So many questions I don't even know where to begin...
« Reply #12 on: June 17, 2012, 08:51:16 PM »
I assure you I have read it. Twice as a matter of fact.

I want to change employers. I am currently in Taiyuan and I want to be in Beijing. For the sake of argument on this, Beijing can mean anywhere in China, because in the end I would like to stay in this country no matter the city.

I have a residence permit, and I entered on a Z visa last August. My visa paperwork was shuttled courtesy of Will Excel in Harbin. I was "sponsored" which means I only had to make a small deposit to Will Excel, then the remaining balance was paid by my school.

The school I is/was assigned to is a private primary/high school in Taiyuan. During this whole time, Will Excel held onto the FEC. I now want to change locations, and my visa (oops there I go again) residence permit expires in September. I'll be honest, I do not know what legal capacity my current school has to hire, renew, extend, what have you. If they are illegal, I could care less, because at this point my contract is finished and they were a damn good employer.

There is nothing fishy going on, but no one is asking me the right questions apparently. I have to be honest, at this stage, it almost seems less problematic to attend TESOL training again, get the visa (erp residence permit), and get my silly ass back to work. If anyone can point me to known schools that can hire me despite the lack of a degree and provide me with the visa (damn I said it again) I need, I am all ears. You all are the experts here and I am a rank amateur in comparison.

Dude, again, please read our Visas/Permits guide at http://raoulschinasaloon.com/index.php?topic=6736.0. It would clarify an awful lot for you...

"Extending a visa" and "providing a visa" are the same thing.

I'm a little confused now...have you changed employers, or are you trying to extend with a current employer? If your Residence Permit was provided by a previous employer, that will change the situation...

A visa, regardless of type, does not make it legal for you to live in China and work for a Chinese company. What you need are a Work Permit and a Residence Permit. A Work (Z) Visa just gets you into the country and gives you 30 days for your school to get the Permits for you. Hopefully, you have a Residence Permit (NOT just a Z Visa) in your passport!

If you already have a Residence Permit, your school might be able to renew or extend it. However, it's very possible that your employer will not be able to extend your Permits if you don't have a degree...it depends on the provincial authorities and your employer's connections. This is something you urgently need to clarify with your school.

If your school can't get you the Work Permit and Residence Permit, it may be that they lack the license needed to legally employ foreigners. It might also be the case that they can't provide the Permits for you specifically, because you don't have a degree.
Do other foreign teachers at your school have Residence Permits issued by that school? If so, it's probably your lack of degree that's the problem. If nobody there has legal Permits from that school, and the school is simply unable to provide them for anyone, then your school is an illegal shop and you really don't want to work there.

For the FEC...yes, your school will need to cancel an FEC from another school before they can get you a new one. However, if your school can get you an FEC, they should also be able to get you proper Work and Residence Permits. Something is starting to smell pretty fishy here...

Re: So many questions I don't even know where to begin...
« Reply #13 on: June 17, 2012, 08:54:20 PM »
you must go to the new school. you cannot renew it until you have signed the contract with the new school. They will then need to apply for a new FEC because they are a new school. Then they can apply for a new residence permit. If it is in a new province or in many cases even a new school you will probably also have to go for a new medical. All of this is going to be difficult for you without that important piece of paper we like to refer to as a degree.
If you do not have a new school to go to you will not be able to renew your residence permit. All you will be able to get is an L visa (tourist visa) if you can get the letters from your current school - then you will have to go through the whole process of getting a new z visa including a trip out of country if you get a new job.

Depending on the city/province how hard all of these things will be.

Re: So many questions I don't even know where to begin...
« Reply #14 on: June 17, 2012, 09:10:26 PM »
Alright, now we're getting somewhere.

I have no problems having to take a new physical. I can sleep through that. It is complete and total speculation for anyone to answer this, but how do you fathom Will Excel was able to do it?

you must go to the new school. you cannot renew it until you have signed the contract with the new school. They will then need to apply for a new FEC because they are a new school. Then they can apply for a new residence permit. If it is in a new province or in many cases even a new school you will probably also have to go for a new medical. All of this is going to be difficult for you without that important piece of paper we like to refer to as a degree.
If you do not have a new school to go to you will not be able to renew your residence permit. All you will be able to get is an L visa (tourist visa) if you can get the letters from your current school - then you will have to go through the whole process of getting a new z visa including a trip out of country if you get a new job.

Depending on the city/province how hard all of these things will be.